Commentary on the UKBA's Operational
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THIS DOCUMENT SHOULD BE USED AS A TOOL FOR IDENTIFYING RELEVANT COUNTRY OF ORIGIN INFORMATION. IT SHOULD NOT BE SUBMITTED AS EVIDENCE TO THE UK BORDER AGENCY, THE TRIBUNAL OR OTHER DECISION MAKERS IN ASYLUM APPLICATIONS OR APPEALS. July 2011 A Commentary on the March 2011 Afghanistan Operational Guidance Note This commentary identifies what the ‘Still Human Still Here’ coalition considers to be the main inconsistencies and omissions between the currently available country of origin information (COI) and case law on Afghanistan and the conclusions reached in the March 2011 Afghanistan Operational Guidance Note (OGN), issued by the UK Border Agency. Where we believe inconsistencies have been identified, the relevant section of the OGN is highlighted in blue. An index of full sources of the COI referred to in this commentary is also provided at the end of the document. This commentary is a guide for legal practitioners and decision-makers in respect of the relevant COI, by reference to the sections of the Operational Guidance Note on Afghanistan issued in March 2011. To access the complete OGN on Afghanistan go to: http://www.bia.homeoffice.gov.uk/sitecontent/documents/policyandlaw/countryspecificasylumpolicyogns/ The document should be used as a tool to help to identify relevant COI and the COI referred to can be considered by decision makers in assessing asylum applications and appeals. This document should not be submitted as evidence to the UK Border Agency, the Tribunal or other decision makers in asylum applications or appeals. However, legal representatives are welcome to submit the COI referred to in this document to decision makers (including judges) to help in the accurate determination of an asylum claim or appeal. The COI referred to in this document is not exhaustive and should always be complemented by case-specific COI research. Contents Actors of protection p. 2 Internal relocation p. 14 3.6 General security situation p. 31 3.7 Fear of forced recruitment into the Taliban or other anti-government groups p. 40 4.3 Minors claiming in their own right p. 44 Blood Feuds p. 81 Index of sources p. 86 1 THIS DOCUMENT SHOULD BE USED AS A TOOL FOR IDENTIFYING RELEVANT COUNTRY OF ORIGIN INFORMATION. IT SHOULD NOT BE SUBMITTED AS EVIDENCE TO THE UK BORDER AGENCY, THE TRIBUNAL OR OTHER DECISION MAKERS IN ASYLUM APPLICATIONS OR APPEALS. 2. Country Assessment Actors of protection Excerpt from March 2011 Afghanistan OGN 2.4 Security and law and order in Afghanistan is primarily the responsibility of three Afghan agencies and the International Security Assistance Force (ISAF). The Afghan National Police is mainly responsible for internal order, the Afghan National Army for external security, and the National Directorate of Security for national security and intelligence. ISAF's mission was originally restricted to Kabul but now covers the whole country. [1] Currently, ISAF efforts focus on increasing the capacity of Afghan security forces, including the Afghan National Army in order to hand over gradually lead responsibility for security. [2]A series of checkpoints known as the 'Ring of Steel' has been erected around Kabul's perimeter to provide the capital with an extra layer of protection. [3] Source [3] cited in the highlighted sentence dates from October 2010.1 This news article describes the increase in police personnel stationed in Kabul and reports that the last large scale attack had taken place in May 2010. This could be read to imply that the increased protection measures have improved security in the capital since May 2010. However, the evidence detailed below appears to indicate that despite the cited increased protection measures, high profile attacks are still occurring: Foreign and Commonwealth Office, Afghanistan Travel advice, updated 01/06/2011 (still current 20/06/2011) *…+ Insurgents retain the intent and capability to conduct suicide attacks in KabulCity despite the considerable ANSF presence and the ‘ring of steel’. Recent attacks have highlighted that representations of GIRoA, ANSF, ISAF and the international community remain the primary targets. *…+ On 21 May the military wing of the MohammadDawodHospital in Kabul was subject to an effective suicide-IED attack. At least six people were killed and over 20 other wounded as a result of the blast. *…+ On 1 May the Taliban issued a press release announcing the start of a Spring offensive, ‘Operation Badr’, further increasing the danger and threat of attack throughout all of Afghanistan. *…+ On 28 January 2011, a supermarket in the Wazir Akbar Khan area of Kabul City Centre was attacked. This is frequented by the international expatriate community in the area and was the first attack within Kabul’s ‘Ring of Steel’ since February 2010. [...] Associated Press Online, Afghan police: Kabul market blast kills civilian, 31/05/2011 [...] Afghan police say an explosion in the capital city has killed one civilian. Police spokesman HashmatStanekzai says the blast occurred Tuesday evening in a market in a residential neighborhood of Kabul. He says another five people were wounded. [...] Stanekzai says it was not yet clear what caused the evening blast, but that it appeared to either be a bomb or two hand grenades. He said there was no obvious target in the area a collection of shops that is usually crowded in the evening. A suicide bomber reportedly dispatched by the Taliban killed at least 6 people and wounded 23 more when he detonated explosives at a military hospital in Afghanistan’s capital Kabul on Saturday. Al Arabiya, Taliban suicide bomber kills 6 medical students at Kabul military hospital, 21/05/2011 [...] Responsibility for the blast was claimed by the Taliban, whose spokesman ZabihullahMujahid said two attackers had entered the heavily secured hospital. The Taliban said that 51 people were killed in the incident. The Afghan Defense Ministry said that the blast took place in a tent used as a dining room by students at the city center hospital, one of the biggest and best equipped in Afghanistan. [..] BBC News, Afghan pilot kills eight US troops at Kabul airport, 27/04/2011 *…+ Eight US troops and a US contractor have been killed by an Afghan air force pilot at Kabul airport in an apparent argument, US officials say. *…+ The Taliban claimed responsibility for the incident in a text sent to AP but the authorities have not confirmed any insurgent activity. *…+ 1 E-Ariana (McClatchy Newspapers),Afghan capital enjoys relative calm amid security crackdown, 24/10/2010 2 THIS DOCUMENT SHOULD BE USED AS A TOOL FOR IDENTIFYING RELEVANT COUNTRY OF ORIGIN INFORMATION. IT SHOULD NOT BE SUBMITTED AS EVIDENCE TO THE UK BORDER AGENCY, THE TRIBUNAL OR OTHER DECISION MAKERS IN ASYLUM APPLICATIONS OR APPEALS. International Business Times News, Suicide bombing in Kabul targets defense minister, 18/04/2011 *…+ Another suicide bombing in Afghanistan has killed at least two people and injured seven in an attack inside the countrysdefense ministry in Kabul. *…+ Pajhwok Afghan News, Suicide blast hits army vehicle in Kabul; 7 injured by KhwajaBasir Ahmad, 10/04/2011 *…+ Three civilians and four Afghan National Army (ANA) soldiers were injured when a suicide bomber on foot blew himself up near a vehicle of the troops in Kabul on Saturday, officials said. *…+ Pajhwok Afghan News, 4 bombers killed, 3 ISAF soldiers injured in Kabul attack by KhwajaBasir Ahmad, 02/04/2011 *…+ Two suicide bombers blew themselves up and two others were shot dead before they could explode their explosives during an assault on a coalition base in Kabul on Saturday, officials said. Three foreign soldiers were injured. *…+ Voice of America News, Taliban Claims Responsibility for Kabul Blast, 14/02/2011 *…+ The Taliban has claimed responsibility for a suicide bombing in Kabul on Monday that killed two people. Afghan officials say a suicide bomber blew himself up at the KabulCityCenter, which includes the Safi Landmark Hotel, popular with foreigners staying in the capital. The explosion killed two security guards and wounded several other people. A spokesman for the Taliban, ZabiullahMujahid, claimed responsibility for the attack in a text message sent to reporters. *…+ Associated Press Online, Bomb explodes in central Kabul; no dead reported, 08/02/2011 *…+ Afghan police say a bomb has exploded in a crowded intersection in downtown Kabul but there are no reports that anyone was killed. A police officer on the scene says the bomb was attached to a parked car belonging to traffic police as the policemen were outside the vehicle, directing traffic. *…+ Radio Free Europe/Radio Liberty, Suicide Attack Kills Eight In Kabul Supermarket, 28/01/2011 *…+ Afghan police say a suicide bomber has killed eight people and injured six in a grocery store in Kabul frequented by foreigners. *…+ Agence France-Presse (AFP), Four killed, 29 wounded in Kabul suicide attack, 12/01/2011 *…+ At least four people were killed and 29 wounded on Wednesday in a suicide motorcycle blast in Kabul that was claimed by the Taliban, who said it targeted a minibus carrying Afghan spy agency employees. The attacker detonated his explosives-laden vehicle in an area of the Afghan capital close to government ministries, parliament and the offices of foreign companies, officials and witnesses said. *…+ Radio Free Europe/Radio Liberty, Explosion In Kabul Kills One, Wounds Three Others, 04/01/2011 *…+ An explosion in the Afghan capital has killed one Afghan policeman and wounded three civilians. Police say a bag of explosives was planted near a bridge in Kabul, but it was unclear what it was targeting. *…+ BBC, Afghanistan attacks target army bases, killing 13, 19/12/2010 *…+ In Kabul the attackers opened fire on a bus filled with Afghan army soldiers.Security forces at a nearby checkpoint opened fire on the attackers. One was shot dead.But a suicide bomber then detonated explosives, killing five soldiers.